Notice of termination of contract for deed
Minnesota Statute 559.21
YOU ARE NOTIFIED:
Default has occurred in the Contract for Deed dated September 15, 2016 and recorded on October 19, 2016, as Document Number A1480012, in the Office of the County Recorder of Stearns County, Minnesota, in which Liebl Farms, a Minnesota General Partnership as Seller, sold to an undivided one-half interest to Empire Ag Consulting, LLC, a limited liablility company under the laws of Minnesota, and an undivided one-half interest to Nathan Petron, a married person as Purchaser, the real property in Stearns County, Minnesota, described as follows:
The default is as follows:
Unpaid real estate taxes for 2016 – $1,544.00 + penalty and interest
Unpaid real estate taxes for 2017 – $1,586.00 + penalty and interest
Unpaid real estate taxes for 2018 – $1,202.00 + penalty and interest
Unpaid first installment of real estate taxes for 2019 – $594.00 + penalty and interest
Unpaid payments – $5,655.41
Total default amount – $10,581.41
The conditions contained in Minn. Stat. 559.209 have been complied with or are not applicable.
THIS NOTICE IS TO INFORM YOU THAT BY THIS NOTICE THE SELLER HAS BEGUN PROCEEDINGS UNDER MINNESOTA STATUTES, SECTION 559.21 TO TERMINATE YOUR CONTRACT FOR THE PURCHASE OF YOUR PROPERTY FOR THE REASONS SPECIFIED IN THIS NOTICE.
THE CONTRACT WILL TERMINATE 90 DAYS AFTER THE FIRST DATE
OF PUBLICATION OF THIS NOTICE
STRIKE ONE
UNLESS BEFORE THEN:
(a) THE PERSON AUTHORIZED IN THIS NOTICE TO RECEIVE PAYMENTS RECEIVES FROM YOU:
(1) THE AMOUNT THIS NOTICE SAYS YOU OWE; PLUS
(2) THE COSTS OF SERVICE (TO BE SENT TO YOU); PLUS
(3) $500.00 TO APPLY TO ATTORNEYS’ FEES ACTUALLY EXPENDED OR INCURRED; PLUS
(4) FOR CONTRACTS EXECUTED ON OR AFTER MAY 1, 1980, ANY ADDITIONAL PAYMENTS BECOMING DUE UNDER THE CONTRACT TO THE SELLER AFTER THIS NOTICE WAS SERVED ON YOU; PLUS
(5) FOR CONTRACTS, OTHER THAN EARNEST MONEY CONTRACTS, PURCHASE AGREEMENTS, AND EXERCISED OPTIONS, EXECUTED ON OR AFTER AUGUST 1, 1985, $113.11 (WHICH IS TWO PERCENT OF THE AMOUNT IN DEFAULT AT THE TIME OF SERVICE OTHER THAN THE FINAL BALLOON PAYMENT, ANY TAXES, ASSESSMENTS, MORTGAGES, OR PRIOR CONTRACTS THAT ARE ASSUMED BY YOU); OR
(b) YOU SECURE FROM A COUNTY OR DISTRICT COURT AN ORDER THAT THE TERMINATION OF THE CONTRACT BE SUSPENDED UNTIL YOUR CLAIMS OR DEFENSES ARE FINALLY DISPOSED OF BY TRIAL, HEARING OR SETTLEMENT. YOUR ACTION MUST SPECIFICALLY STATE THOSE FACTS AND GROUNDS THAT DEMONSTRATE YOUR CLAIMS OR DEFENSES.
IF YOU DO NOT DO ONE OR THE OTHER OF THE ABOVE THINGS WITHIN THE TIME PERIOD SPECIFIED IN THIS NOTICE, YOUR CONTRACT WILL TERMINATE AT THE END OF THE PERIOD AND YOU WILL LOSE ALL THE MONEY YOU HAVE PAID ON THE CONTRACT; YOU WILL LOSE YOUR RIGHT TO POSSESSION OF THE PROPERTY; YOU MAY LOSE YOUR RIGHT TO ASSERT ANY CLAIMS OR DEFENSES THAT YOU MIGHT HAVE; AND YOU WILL BE EVICTED. IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, CONTACT AN ATTORNEY IMMEDIATELY.
The name, mailing address, street address or location and telephone number of Seller or of an attorney authorized by Seller to accept payments pursuant to this notice is:
Name: Bradley J. Schmidt, Attorney for Seller
Mailing Address:
Johnson, Moody, Schmidt & Kleinhuizen, P.A.
PO Box 913
Willmar, MN 56201
Street Address or Location where Seller or the Attorney will accept payment pursuant to this notice:
Johnson, Moody, Schmidt & Kleinhuizen, P.A.
320 1st St. South
Willmar,MN 56201
(320) 235-2000
This person is authorized to receive the payments from you under this notice.
Exhibit “A”
Legal Description
That part of the SW 1/4 of SE 1/4 of Section 31, Township 124, Range 35 described as follows: Commencing at the South Quarter corner of said Section 31; thence North 89º 58’ 40” East, assumed bearing, along the South line of said Section, 1181.58 feet to the Northeasterly most line of the Soo Line Railroad, said point being the point of beginning of the land to be described; thence continuing North 89º 58’ 40” East, along said South line 140.52 feet to the southeast corner of aforesiad SW 1/4 of SE 1/4; thence North 00º 13’ 51” East along the East line of said SW 1/4 of SE 1/4, 505.89 feet; thence South 89º 58’ 15” West 430.30 feet; thence South 00º 13’ 51” West 256.21 feet to aforesaid Northeasterly most line of the Soo Line Railroad; thence South 49º 10’ 15” East along said Northeasterly line 381.64 feet to the point of the beginning, Stearns County, Minnesota.
Published in the Tri-County News Thursdays, June 27, and
July 4 and 11, 2019.